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action affd affidavit amended appeal application arrest attachment attorney Bank brought cause certificate City civil practice claim clerk code civ code of proc copy corporation court creditor debtor defendant deposit Derivation.-Code civ direct discharge effect entitled evidence ex rel execution fact filed final judgment given granted interest issued judge judgment Judiciary justice last sentence lien Matter Misc motion N. Y. Supp notice officer omitted originally revised party payment person plaintiff possession prescribed prisoner proceedings proof provisions real property record recover reference relating rendered repealed revised from code revised from R. S. Rules of civil served sheriff Smith special proceeding specified subd summons supreme court sureties Surr taken term thereof trial Trust undertaking warrant writ York
第 77 頁 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
第 xcvi 頁 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
第 109 頁 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
第 84 頁 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
第 72 頁 - For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.
第 xcvi 頁 - If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and...
第 434 頁 - Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
第 246 頁 - After the expiration of one year from the death of a party, against whom a final judgment for a sum of money, or directing the payment of a sum of money is rendered, the judgment may be enforced by execution against any property upon which it is a lien with like effect as if the judgment debtor was still living.
第 157 頁 - ... contained in a book or publication purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the judicial tribunals thereof, is presumptive evidence of the statute, law, proclamation, edict, decree or ordinance.
第 143 頁 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or Interested person derives his interest or title, by assignment or otherwise, shall not be examined as a witness, in his own behalf or interest, or in behalf of the party succeeding to his title or interest...